27 May 1808 4

Dark as are the colours in which happily inessential

this part of the institution presents itself to a general and distant

glance, on a closer inspection they will not be found to brighten: on

a nearer view

If the effect of the compulsion are confined

to the suppression of the opinion of the minority, the majority

opinion of the constituting the decision as it would do

of course without the compulsion, here would be the torture,

here would be the lying here would be the perjury, all of these

enormities them perfectly useless, but here would not be the

false verdict with the false judgment

pronounced in consequence.

But though it probably is frequently in many

instances cases it is probably thus unless and not so

probably in most instances, there can be no apearance of its

being so in any. If in one point of view the most probable case is that

the opinion thus declared to be the opinion of all is conformable

to the opinion of the majority, greater in another point

of view the most probably case is that it is opposite the opinion of

the smaller number. Suppose the produced before the

Justice begins to speak, the probability is that the opinion

declared is the opinion of the majority: because under these circumstances

a margin of this or of any other kind is sooner produced

on the part of a smaller than on the part of a larger greater

number.

But suppose the decision verdict to have waited till

the tribune has had time to operate: now here the

probability is on the other side: for when torture is to be undergone,

and on the part of the greater number of

the patriots the resolution to undergo it produced by the finest

motives, it is easier to find a smaller than to find a greater number.

possessed of this and degree of fortitude.